Bakgatla-Ba-Kgafela take Maluleke Commission report on review
North West / 30 August 2019, 7:26pm / Molaole Montsho
MORULENG - Bakgatla-Ba-Kgafela in Moruleng outside Rustenburg in North West will take the finding of the Maluleke Commission on review in court, the royal family said on Friday.
"The royal family takes all the allegations contained in this report very seriously. It is for this reason that we are currently in consultation with our legal team for advice on some of the findings and recommendations by the commission," spokesman Segale Pilane said.
"We are also disturbed that there seems to be an impression created that the royal family defends corrupt activities, nothing could be further from the truth.
"We are clear in our minds that the royal family believes that the traditional council and all the entities of Bakgatla-Ba-Kgafela must conduct the affairs of Morafe (community) in a transparent, effective, efficient and accountable manner.
"In this regard, good governance process must be in place in order to ensure that there is accountability to Morafe. However, it is important that some of the findings and recommendations made by the commission be subjected to a review given the fact that in our view, some of them are irrational," Pilane said.
"In this regard we have instructed our legal team to inform the Premier of our intention to apply for a review with the high court," he said.
Pilane said the commission has made bizarre findings and recommendations on the identification and appointment of Kgosi (traditional leader) in Moruleng.
"The commission claims that the customary laws of Bakgatla-Ba-Kgafela recognise the position of ‘Kgosikgolo’[paramount chief] and that Bakgatla-Ba-Kgafela in Moruleng and Mochudi are one traditional community.
"The commission further claims that this ‘Kgosikgolo’ has the powers to appoint and remove Kgosi.
"As if that is not enough, the commission finds that the constitution of the Republic of South Africa, recognises a foreign traditional authority as ‘Kgosikgolo’ of Bakgatla-Ba-Kgafela in Moruleng," Pilane said.
He said the commission had not done its research properly because there was no position of Kgosikgolo in the whole of Botswana and Mochudi in particular.
"The Bogosi Act of Botswana recognises the position of Kgosi in Mochudi and not Kgosikgolo. So there is no Kgosi for him to appoint because he is Kgosi himself.
"What the commission does not know, is that the Kgosi in all the tribes of Botswana is designated to this position by the tribe assembled in a Kgotla under the chairmanship of the senior member of the tribe. The Bogosi Act does not even make provision for the recognition of the royal family."
North West Premier Job Mokgoro released the long awaited report on the traditional leadership and administration of the Bakgatla-Ba-Kgafela on Monday.
The report recommended that Mokgoro appoint an administrator to take control of the administrative matters of Bakgatla-Ba-Kgafela from the tribal council.
It further recognised Kgafela Kgafela II as the paramount chief, with powers to appoint a traditional leader in Moruleng. The commission also found that the traditional leadership in Moruleng was not hereditary.
Former North West premier Supra Mahumapelo instituted the commission chaired by late judge George Maluleke in 2016, to probe allegations of mismanagement and misappropriation of funds by the Bakgatla-Ba-Kgafela traditional council, as well as to investigate who was the right candidate to lead Bakgatla in Moruleng.